A member of President Bola Tinubu’s legal team in the United States, Wole Afolabi (SAN), has defended the continued withholding of portions of records held by the Federal Bureau of Investigation (FBI) and Drug Enforcement Administration (DEA) concerning the Nigerian president.
Afolabi said the legal team’s position was based strictly on protections provided under United States law and was not intended to shield Tinubu from potentially damaging information.
The Senior Advocate of Nigeria stated this while appearing on Channels Television’s Sunday Politics amid an ongoing legal battle over the release of US government records linked to allegations of drug trafficking involving Tinubu.
The dispute centres on hundreds of pages of documents that investigative journalist Aaron Greenspan is seeking to have released in full.
According to Afolabi, the US government had already released documents relating to the matter but was resisting the disclosure of portions it considers exempt under the Freedom of Information Act.
He explained that the FBI and DEA had raised concerns that releasing some of the withheld information could expose their agents, confidential sources and investigative techniques.
Afolabi said it would amount to professional malpractice for Tinubu’s lawyers not to rely on protections available under US law.
«“It will amount to professional malpractice on our part if we don’t take advantage of what the law offers.”»
The lawyer rejected claims that the withheld records were being protected specifically to shield Tinubu from damaging revelations.
He said the US government’s filings were primarily concerned with protecting law enforcement agents, confidential sources, informants and investigative methods.
“They are saying that if we discuss this publicly, we would compromise our agents; we would compromise the techniques that we use to get information,” Afolabi said.
He added that the agencies were also concerned about exposing informants.
Lawyer: Investigation does not mean guilt
Addressing allegations that Tinubu was involved in drug trafficking, Afolabi maintained that the available evidence did not establish criminal culpability.
He argued that if US authorities had sufficient evidence to prosecute the President for drug trafficking, he would have been indicted.
“If he was culpable, he simply would have been indicted. There’s no shortcut around it,” he said.
Afolabi further stressed that being the subject of a law enforcement investigation did not, by itself, establish that an individual had committed an offence.
“Anyone can be a subject of investigation. That’s just how it goes,” he said, stressing that the presumption of innocence remained applicable.
Lawyer refuses to discuss $460,000 forfeiture
The lawyer, however, declined to disclose Tinubu’s explanation concerning the $460,000 forfeited to the US government in the 1990s.
He cited attorney-client privilege, saying he could not disclose confidential information provided to him by the President.
“Unfortunately, I can’t divulge any information that my client had disclosed to me confidentially,” Afolabi said.
He also dismissed suggestions that the controversy surrounding Tinubu’s US records could affect the President’s political standing or fitness for office.
According to him, Nigerians would ultimately judge Tinubu based on his performance, promises and record in government.
“The Nigerian people knew who they voted for,” he said.
“At the end of the day, the election will not be decided on what document exists where.”
Afolabi said the 2027 election would instead be determined by issues including “promises made, promises kept, what is going on, what are the costs.”
‘Public office does not erase privacy rights’
The lawyer also defended the position that Tinubu retained privacy rights despite being Nigeria’s President.
He cited former US President Donald Trump’s efforts to prevent the release of some of his academic records as an example of how holding public office does not automatically eliminate an individual’s legal right to privacy.
Afolabi said Tinubu’s legal team was therefore acting within the law by challenging the release of materials it considers protected.
“Basically, what we are doing is we are staying within the confines of the law. And we advise our client to do so. It’s what the law avails him.”
Court battle continues
Afolabi said the legal proceedings over the records were still ongoing.
He disclosed that the plaintiff was expected to file a response by September 11, while the US Department of Justice would have until September 18 to respond, after which the judge would consider the matter.
The lawyer maintained that the mere fact that the FBI or DEA may have investigated Tinubu should not be interpreted as proof of wrongdoing.
He said Tinubu’s legal team would await the court’s decision rather than speculate about the possible outcome if the judge orders the release of additional records.
“In my business, we don’t speculate. We have to wait until the decision is handed down.”
The controversy over Tinubu’s US records continues to attract attention in Nigeria, particularly because of questions surrounding the $460,000 forfeiture and whether additional FBI and DEA documents could provide further information about the circumstances surrounding the case.
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